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Straddle walking the bike on a footpath NSW

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by TCShadow, Jan 3, 2009.

  1. Besides getting looks from people without a bike between their legs is there anything illegal about straddle walking a motorcycle with the engine off along a footpath?

    I'm thinking shortcuts in the city maze of one way streets etc. stop the bike, straddle walk it on the footpath to the next road, start it up and ride on. Safer than walking beside the bike less likely to drop it.
  2. and seeing as though your not actually engaging in parking the bike, probably illegal. but clever/smart.
  3. And what if your coming home from a local club or pub and you had a few drinks and do not like the idea of leaving your precious, would you be able to sit and walk your bike home on the footpath? I have been wondering this for a long time.

    I know you can walk a dirt bike along a footpath, Ive done it with a dirt bike and my quad, but what about road bikes and Cruisers?

  4. As far as drink-driving goes, I think if the keys are in the ignition, they can still book you.
  5. I wonder how much further it may go beyond that. If you ride a bicycle under the influence can't you be booked? What if you get your motorbike on a bit of a down slope and start coasting? A bit of momentum and you could cause a lot more damage than a pushie.
  6. You don't need keys in the ignition to straddle walk a bike around... but I think the same law would apply as a pushie. They don't have ignitions and you can get booked for drink riding.

    I guess same as it is illegal to ride a pushbike on a footpath a cop with a chip on his shoulder could try to book you for straddle walking. I wonder what the likelyhood is that it would happen.
  7. Well it would suck pushing (walking beside it and pushing) a big cruiser home.

  8. You'll get booked for doing that too if you've had a few drinks.
  9. +1 its a vehicle, your controlling it. You can get done DUI on a horse.
  10. If you're walking next to the bike without keys in the ignition and walking it home I don't see how they can book you. Straddle walking yes but not walking next to it.
  11. It doesn't matter, they can still do you if they want.
  12. They can book you because you are in control of a vehicle while over the limit. It makes no difference if you're on the bike or next to it, you're still in control of it.
  13. Now this gets interesting. Thats not as black and white as people think. (Sorry Sean).
    Section 49 of the Road Safety Act states that:

    (1) A person is guilty of an offence if he or she-

    (a) drives a motor vehicle or is in charge of a motor vehicle while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor vehicle; or

    (b) drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed
    concentration of alcohol is present in his or her blood or breath; or

    (ba) drives a motor vehicle or is in charge of a motor vehicle while
    impaired by a drug.

    and s 3AA defines "in charge of as:

    (1) Without limiting the circumstances in which a person is in charge of a
    motor vehicle, the following persons are to be taken to be in charge of a
    motor vehicle for the purposes of this Act-

    (a) a person who is attempting to start or drive the motor vehicle;

    (b) a person with respect to whom there are reasonable grounds for the
    belief that he or she intends to start or drive the motor vehicle;

    It would ( I suspect) be possible to run an argument that by "pushing" the bike, and not straddling or riding it, you had no intention on starting it.
    This would be the same argument as you would run if you were legitimately asleep in your car and the plod tried hanging a 0.05 charge on you.

    I think it would come down to circumstances.
  14. :WStupid:

    to those that said you cannot get done drinkdriving on a bicycle. lol.
    please, get drunk, and pedal through a booze bus, and get a mate to video it for me :LOL:
  15. You can get done for drink driving on a push bike, also talking on a mobile phone and riding is an offense.

    Worst part is they will still take demerit points from your license.
  16. I think you should only get done DUI on a horse if you're conscious. If you were to climb on a horse and pass out you're not really in control. If said horse is trained well enough to walk home then viola! :LOL:
  17. lol wut?

    are you sure about that? considering your motorcycle/vehicle license isnt for a push bike, they might as well revoke your fishing license
  18. I remember there was a man charged with using his mobile on a push bike and got fined +3 points, I am trying to find an article on it. But I know it happened because I thought that it was retarded. still do.

    From http://www.news.com.au/adelaidenow/story/0,,23864115-5007424,00.html

    So far thats all I can find.
  19. Further proof, as if we needed it, that politicians and lawmakers are sledding down the left side of the bell curve.
  20. a mate of mine lost his license for sleeping in the passenger seat of his car.

    he thought he was doing the right thing and sleeping it off in his car with no intentions to go anywhere till the next day. they breath tested him that night and booked him for DUI

    6 months loss of license.